Disobedience of Process

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A sheriff's disobedience of the command of any process is a contempt of the court from which it issued, and may be punished accordingly; and such sheriff is further liable to the action of the party aggrieved.

Code 1858, § 361 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 451; Code 1932, § 698; T.C.A. (orig. ed.), § 8-816.

Cross-References. Contempt of court, title 29, ch. 9.

Service of process by employee of party prohibited, §§8-8-216,8-8-217.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 23.13.

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, § 2.

Law Reviews.

Torts — Hurd v. Woolfork: The Public Duty Doctrine in Tennessee, 28 U. Mem. L. Rev. 1279 (1998).

Attorney General Opinions. Sheriff's disregard of chancery court order.  OAG 10-120, 2010 Tenn. AG LEXIS 126 (12/30/10).


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